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4 votes

Can I patent a product that has already failed?

When filing an application, you must complete a declaration, which states: . . . I believe that I am the original inventor or an original joint inventor of a claimed invention in the application. I ...
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4 votes
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Combination of Dependent Claims Infringement

For infringing a claim, all elements of a claim need to be infringed. A claim a + b can either be “at least and b“ (typically) or “exactly a and b“ (for example exactly 40% sparkling water and 60% ...
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3 votes

How to apply for a patent in the US/EU?

Assumption: A technology based patent application will be submitted to United States Patent and Trademark office (USPTO). You need first investigate prior art. Essentially you have to validate if ...
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3 votes

Can a patent make you stop selling your product?

Yes, if their application pre-dated your public disclosure. Another possibility is the person's product came after yours but the examiner does not find your device or anything else like it. A patent ...
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3 votes

Can a patent make you stop selling your product?

Simply put, yes. A little more precisely, there may be existing patents that the product infringes. Either the product as a whole (a personal cooling unit) or parts of the product (like the straps ...
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2 votes

What is the process for filing a continuation-in-part?

The MPEP contains the rules governing a continuation-in-part. Refer to Section 201.08 Continuation-in-Part Application [R-11.2013]. What differentiates a Continuation from a Continuation-in-Part is ...
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2 votes
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Does "Reasons for Allowance" in transaction history description of PAIR point to a probable patent grant in the near future?

Does "Reasons for Allowance" imply that there is a high probability of this application to be granted in the near future. Yes. 37 CFR § 1.104(e) provides: If the examiner believes that the record ...
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  • 7,043
2 votes

Can aesthetic features be patented as utility invention?

You can't patent an idea, but you can patent implementation of an idea. "Aesthetics" is as much as an idea as a "smart phone". If your implementation contains an element that is novel and not obvious ...
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2 votes
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Can an improvement be made on a patent and then made in the public domain?

You question is a bit confusing, but I'll try to answer my interpretation. If you make an improvement to an existing patented device, you could potentially obtain a patent on the improvement, but if ...
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2 votes
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Is there a cheaper patent for low income applicants?

Sort of, but only in the US (as far as I know). You can file an application with micro entity status, which means most of the official fees are 75% less than the usual rate. This has some pretty ...
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2 votes

Contact the supervisory patent examiner (SPE)

Normally SPEs do not examine patent applications but are examined by PEs/AEs. PEs/AEs apprise, consult respective SPE and office action intimation are issued as suggested or advised by SPE. Your ...
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2 votes

Design and Utility Patent for Same Invention, Ex Parte Quayle

MPEP 1502 sets forth the differences between the requirements for patentability of a utility patent application and a design patent application. In general terms, a “utility patent” protects the ...
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2 votes

USA Citing a patent that is european

The benefit to the applicant, if it is a U.S. application, is otherwise any patent you get might later be torn up for violating your duty of disclosure whatever you know about significant prior art. ...
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2 votes
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Invention that has no useful purpose on its own

You can possibly patent X as being useful to combine with Y and visa versa. The "useful" criteria is a very low bar as long as you are not talking about something that might be seen as ...
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2 votes

Stealing parts of an invention

If the manufacturer of one or both components markets either or both of these components as able to be assembled to comprise the patented innovation, the patent holder can sue that manufacturer for ...
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1 vote

Can I apply for design patent whilst I have a utility application pending?

Yes. Read for example this article for more background information: http://www.cdfslaw.com/publications/practice-tip-claiming-priority-design-utility-patent-applications/ Design and utility patents ...
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1 vote
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USA Citing a patent that is european

By citing another patent in your application, you are making the patent examiner aware of relevant prior art. In no way do you obtain a claim on the cited patent's claims. Indeed, you are going to ...
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  • 9,712
1 vote

Provisional vs non-provisonal utility patent?

If "protection" means you have the right to exclude others from making, selling, importing, using, etc., then you have no protection until a patent issues. That might take a couple of years ...
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1 vote

Provisional vs non-provisonal utility patent?

There is no such thing as a provisional patent. There are only provisional applications which will never be examined or granted as a patent. The point of a provisional application is to establish a ...
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  • 9,712
1 vote

What are the absolute minimum theoretical requirements for a provisional patent application?

The detailed description doesn't need to be particularly detailed however I have seen a case where a filing date was retracted on a provisional application (that would remove the ability to use the ...
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1 vote

What are the absolute minimum theoretical requirements for a provisional patent application?

In Australia all you need to file a provisional patent application is a title, an inventor name and a description of the invention. You don't even need claims. But the problem with doing that is some ...
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1 vote
Accepted

Contact the supervisory patent examiner (SPE)

From your question it looks like it has come off a queue and been assigned to an art unit. The SPE is the manager of the art unit and has the job to assign the examination to someone in that unit. ...
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1 vote
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Why are independent claim sometimes repeated with a small wording change in a later claim in newer patents

I often write claims that might cover essentially the same thing but in different language. It is some protection from a court that might misconstrue some word or wording in one of the claims. ...
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1 vote

Why are independent claim sometimes repeated with a small wording change in a later claim in newer patents

I'm not a lawyer but I've worked with several on my patents. There is a lot of art in drafting claims and I don't think this is a particularly new phenomenon. Claim 1 and 8 are not identical. In ...
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  • 9,712
1 vote

how do you know if this patent is design or utility, as no marking is mentioned on the patent?

There are a few ways. For one, US design patents have a USD number, for example USD543181: https://patents.google.com/patent/USD543181S1/en?oq=USD543181 In google it also says "US Design Grant". ...
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1 vote

Remove Diagram from filing

In the US, it is permissible to remove information from the patent and still preserve the priority claim. Many nonprovisional applications will include a statement at the beginning that the ...
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1 vote

Which patent is right?

The answer is maybe both. Design patents cover the ornamental design of functional objects. If you want to protect the look of the packaging then a design patent is a good way of doing it. Utility ...
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  • 9,712
1 vote
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Do I need to prove a theorem used in my patent?

You do not need to prove that your method works. If you claim a method that doesn't work, it just means that your patent will protect something that's probably not worth very much (since it doesn't ...
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1 vote

Does "Reasons for Allowance" in transaction history description of PAIR point to a probable patent grant in the near future?

The answer to the original question is Yes. In our experience, the entry in the Transaction History, "Reasons for Allowance" is strongly suggestive that the Examiner's supervisor has approved the ...
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1 vote

Filing dates utility provisional application versus follow up design patent application

No. A design patent application cannot claim priority to a provisional patent application, per 35 USC § 172: The right of priority provided for by subsections (a) through (d) of section 119 of ...
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